Being removed from the student register is one of the most serious decisions a university can make regarding a student. It's the moment when a student loses their student rights, meaning they no longer have access to many privileges, such as scholarships, discounts, or access to university resources. For many, such a decision can mean a change in life plans. Therefore, it's important to understand when a university is obligated to remove a student and when it's merely a discretionary option.
MANDATORY GROUNDS FOR REMOVAL FROM THE STUDENT LIST
Under Article 108, Section 1 of the Act of 20 July 2018 – Law on Higher Education and Science, there are situations in which a university is obligated to remove a student from the student register. These include cases in which the student:
- he did not take up studies – that is, the student failed to begin the program despite previously enrolling in a given field. This occurs when the student failed to attend classes and did not undertake any activities related to the commencement of studies;
- he dropped out of college – the student independently decides to discontinue their studies. In such a situation, they submit an appropriate declaration of withdrawal, which results in removal from the register;
- did not submit the diploma thesis or diploma examination on time – if a student fails to submit a diploma thesis or does not take the diploma examination within the time limit specified in the study regulations, the university is obliged to remove him/her from the list of students;
- he was punished with a disciplinary penalty of expulsion from the university – this is the most stringent disciplinary sanction, which automatically results in removal from the student list.
WHEN CAN A UNIVERSITY EXPEL A STUDENT, BUT DOES NOT HAVE TO?
In addition to situations in which deletion is obligatory, there are also cases in which the university can remove a student, but is not required to do so. These include:
- failure to participate in compulsory classes – If a student fails to attend classes required by the program, the university may, but is not obligated to, remove them from the list. In practice, universities often establish their own policies specifying the number of absences allowed before making such a decision, so it is also necessary to review the study regulations or the regulations for individual subjects in this regard;
- statement lack of progress in learning – if a student does not achieve satisfactory results, which may be due to, for example, failing subjects, he or she may be struck off the list;
- failure to complete a semester or year on time – Students are required to complete subsequent semesters and years of study. Failure to do so may result in their exclusion from the list. Universities typically offer students the opportunity to retake their exams, but if they fail to obtain the required credits by the specified deadline, exclusion is possible. Occasionally, individual circumstances arise that result in a student being unable or unable to take the exam on time, due to various health or life circumstances.
- failure to pay fees related to studies – In the event of arrears in fees, the university may decide to exclude the student, although it often first attempts debt collection. This premise is often encountered in the case of fee-paying programs.
PROCESS OF REMOVAL FROM THE STUDENT LIST – ADMINISTRATIVE DECISION NEEDED
Any removal from the student register must be conducted in accordance with the provisions of the Law on Higher Education and Science and administrative law. The removal decision is made as an administrative decision, which means the student has the right to appeal. If the removal decision is upheld, a complaint may be filed with the appropriate Provincial Administrative Court.
WORTH KNOWING
Issuing a decision to remove a student from the list of students is not the end of the world - it is worth analyzing the situation and taking steps to clarify whether there are actually grounds for removing the student from the list of students. My experience shows that universities sometimes make mistakes in the procedure for removing students from the list of students, sometimes it is the result of a mistake, there are various reasons. Therefore, it is worth considering whether this decision is right in an individual case.
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Have you been removed from the student register or is it possible that the university will issue such a decision? Please contact law firm.
* illustration generated by DALL-E 3
